Saturday, January 4, 2020

News reports of money refund in leading daily creates flutter amongst the HSVP Plot owners waiting for alternative plot against their disputed HSVP Plot.

HSVP previously known as HUDA has been floating residential Sectors since the 1980s. Almost every sector they have floated or allotted is filled with litigations. Many Plot owners or the allottees are still making rounds in respective HUDA Offices for their allotted plots or subsequent alternate plot. Due to lack of intent and unprofessionalism of the blue-eyed boy of government i.e HSVP, the owners of the plots have become petitioners in various Courts and High Court.

Gurugram and Faridabad has been at the helm of disputes wherein the HUDA floated residential sectors and subsequently allotted the HUDA plots without looking into the pending and future potential litigations.

Now the petitioners who were allotted Plots in 2003 in the Sectors 51 & 52 of Gurugram and in 2005 in Sector-57 of Gurugram are the worst hit as they were allotted plots on the land which was under litigation or came under litigation after allotment. Since 2003 and 2005 they have been waiting and demanding their allotted plots or an alternate plot in lieu of their disputed plots.

In the year 2012 and 2014 few owners of disputed plots were allotted alternate plots in Gurugram but the majority were left out even then also. Then there are cases where alternatively allotted plot was again allotted onto the disputed land.

On 04.01.2020 there were news reports that HUDA/ HSVP has decided to refund the deposited amount with interest to those plot owners who haven’t got the possession of their plots because of litigations. If this news is correct then it will open another round of troubles for plot owners who are fighting against HSVP or HUDA for their plots. See Times of India News Report

This very approach is completely challengeable on the grounds of equity and will be in violation of their own policy relating to exchange of plots dated 18.02.2013.

If the reason for non-allotment is pending litigation than HUDA and Haryana Government should introspect the manner in which the cases are taken up in Hon’ble High Court and Hon’ble Supreme Court.

Author of this blog Pankaj Yadav is a practicing advocate at High Court of Punjab and Haryana, Chandigarh and is taking up the matters about HSVP/HUDA. Issues like delay possession, alternate plots, enhancement, etc are being taken by him. The author can be reached at pankajyadav.legal@gmail.com or +91-9711791179